среда, 23 декабря 2015 г.

uGood News: Malls Where Rich People Shop Aren’t Deadr


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  • (Nicholas Eckhart)
    We’ve shared a lot of stories about dead and dying malls, and we wouldn’t blame you if you thought that the American mall is an endangered creature. Only it isn’t: high-end malls are doing just great. It’s malls in middle-class communities geared to middle-income customers that are suffering from high vacancy rates and failing tenants.

    You’ve probably seen this in action in the area where you live: there are probably multiple sad malls on life support in less affluent areas. (One in my city became self-aware and still has a Facebook page, years after being demolished.)

    Then there’s that one mall in the wealthy part of town. You know, the one with the Nordstrom, the designer purse stores in the middle, and the Tesla store. Keep your own city in mind when looking at these numbers: Bloomberg Businessweek shared research from Green Street Advisors showing that there are around 270 malls with “A” ratings––that’s the fancy mall in your city. There are about 700 malls with lesser grades, which range from malls past their prime to malls on life support with only a few stores remaining.

    Why is that? Shouldn’t malls for average Americans be booming, while the rich can tap their Apple Watch a few times to order a pair of artfully distressed jeans for $300. Middle-class malls may be disappearing with the middle class itself.

    Two malls in Atlanta serve as an example: the Lenox Square has a Cheesecake Factory, a Neiman Marcus, and a Bloomingdale’s, with Microsoft, Apple, and Tesla stores inside. Stores that sell electronics and cars boosts a mall’s average sales per square foot, which in turn makes the mall more appealing to retailers.

    Only eight miles away is a C-grade mall, Northlake, which offers a Macy’s, a JCPenney, and a Sears, along with other lesser-name anchors. There aren’t any destination restaurants or stores selling MacBooks or cars. Its anchors are all chains that have been closing stores as people shop less at department stores in general.

    These Malls Didn't Get the Memo They're Dying [Bloomberg Gadfly]



ribbi
  • by Laura Northrup
  • via Consumerist


uEighth U.S. Death Linked To Takata Airbag Defect; Additional Vehicles Added To Recall Listr


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  • (I Am Rob)

    Yet another death has been linked to Takata airbags that can explode and spew potentially lethal shrapnel at passengers, federal regulators said on Wednesday, increasing the number of fatalities in the U.S. to eight, and nine worldwide. 

    The National Highway Traffic Safety Administration announced Wednesday that the death was the result of a driver side airbag rupture in a vehicle located in an area of high humidity.

    A spokesperson for NHTSA tells Reuters that the fatality took place in July when a 2001 Honda Accord was involved in an accident near Pittsburgh.

    The teenaged driver was hospitalized after the rupture, but died several days later.

    Honda, whose vehicles have been linked to all seven prior Takta-related deaths, tells Reuters the company is working to determine the teen’s cause of death.

    The car manufacturer say the previous owner of the vehicle first got a recall notice in 2010, and that the company had mailed a new notice on July 21 – one day before the crash.

    In addition to confirming the eighth U.S. death related to the exploding airbags, NHTSA announced Wednesday that the recall process for affected vehicles has been “accelerating rapidly.”

    According to the agency, in the two-week period ending Dec. 4, just over 950,000 vehicles have been repaired. To ensure the pace of recall completion continues, NHTSA has appointed John Buretta, a former official in the Justice Department’s criminal division, to serve as independent monitor overseeing the recall.

    Buretta will be responsible for assisting the agency in providing important oversight of both the coordinated remedy program and of Takata’s compliance with consent orders.

    While more cars than ever are being fixed for the Takata default, automakers have also added new models to the list of affected vehicles.

    Honda, Subaru, and Mazda each added hundreds of thousands of vehicles to the massive recall.

    The expansions include the model year 2005 to 2008 Mazda6, 2002 to 2004 Honda CR-V and 2005 to 2008 Subaru Legacy and Outback.

    [via Reuters]



ribbi
  • by Ashlee Kieler
  • via Consumerist


uFDA Recalls Several Weight Loss Supplements Containing Unsafe Ingredientsr


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  • drug1Earlier this year, the owner of a dietary supplement company was sentenced to 30 months in prison for selling “all natural” products that secretly contained harmful active ingredients that shouldn’t even be available to U.S. consumers. Today, the FDA announced recalls for more than a dozen additional products containing these same, unsafe ingredients.

    The products — listed below — were all found to contain undeclared levels of sibutramine and/or phenolphtalein, two chemicals that had been previously used in weight loss drugs and laxatives, but which have long been deemed unsafe for general use by consumers.

    Sibutramine, an appetite suppressant, was once sold under the Meridian brand as a weight-loss prescription drug. It has been off the market in the U.S. since 2010 when its maker pulled the product following studies that showed increased risk for heart attack and stroke in certain populations, including those with a history of coronary artery disease, congestive heart failure, arrhythmias or stroke.

    drug4

    drug3

    The tongue-twisting (metaphorically, at least) phenolphthalein was previously used in over-the-counter laxatives. In 1999, the FDA reclassified the ingredient as “not generally recognized as safe and effective” after studies indicated that phenolphthalein presented a potential carcinogenic risk. According to the FDA, phenolphthalein has also been found to be genotoxic, meaning it can damage or cause mutations to DNA.

    drug2

    FDA testing of the products below turned up evidence of at least one of these ingredients in the following:

    • Asset Bold 500 mg capsules
    • Asset Extreme Plus 500 mg capsules
    • Evolve 250 mg capsules
    • Infinity 500 mg capsules
    • Jenesis (all lots)
    • La Trim Plus (all lots)
    • Oasis capsules (all lots)
    • Prime 500 mg capsules
    • SlimeX-15 capsules
    • Slim Trim U 250 mg capsules
    • Ultimate Formula 250 mg capsules
    • Xcel capsules
    • Xcel Advanced 350 mg capsules
    • Zi Xiu Tang 250 mg capsules

    If you have any of these products, you should cease using them. If you’re a reseller or distributor of these products, you should stop selling them. Both consumers and retailers should discard any unused capsules.

    drug5

    Bee Extremely Amazed LLC Issues Voluntary Nationwide Recall of Various Products Distributed For Weight Loss Due to Undeclared Drug Ingredients [FDA Notice]

    Urgent: Drug Recall – Weight Loss Dietary Supplements with Undeclared Sibutramine and Phenolphthalein [FDA Notice]



ribbi
  • by Chris Morran
  • via Consumerist


uA Whole Bunch Of Christmas Movies You Can Stream Instead Of Talking To Your Familyr


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  • Look! Something capable of streaming movies so we don't need to interact anymore! (Josh J Street)

    The presents have all been unwrapped, the egg nog has done its job and you’re ready to stop talking to everyone who’s been getting on your nerves all day. Here’s to hoping you’ve got access to a streaming subscription service, and your father-in-law finally figured out where he put the piece of paper with the WiFi password on it.

    Whether you’ve got Netflix, Hulu, or Amazon Prime, you’ve got plenty of opportunities to avoid your Great-Aunt Glady’s incessant questioning and watch fictional people enjoy (or not enjoy) the holiday season.

    Note(s): I make no claims on seeing all of these movies, so read the summaries with a shaker of salt handy and watch at your own risk. And again, you’ll need a subscription for the below options.

    Netflix

    A Christmas Carol (1938): The classic tale of a miserly old man who gets to hang out with a few ghosts so he (spoiler alert) can fully understand what a gift love can be.
    Starring: Reginald Owen, Gene Lockhart, Kathleen Lockhart, Terry Kilburn, Barry MacKay

    Happy Christmas (2014): A classic tale of a recently-single 20-something who tries to start over for the holidays but (surprise!) finds that’s easier said than done. Ah, indie comedies.
    Starring: Anna Kendrick, Melanie Lynskey, Joe Swanberg, Mark Webber, Lena Dunham

    One Magic Christmas (1985): A mother dealing with a bunch of family issues that’ve turned her Grinchy has trouble summoning the Christmas spirit, until her daughter takes a trip to deliver a letter to Santa. Because Santa fixes everyone’s parents at Christmas.
    Starring: Mary Steenburgen, Harry Dean Stanton

    The Fitzgerald Family Christmas (2012): The classic tale of the prodigal father/husband, returning at Christmas so that hijinks and heartfelt moments can ensue and everyone can learn a valuable lesson about family.
    Starring: Edward Burns, Kerry Bishé, Connie Britton

    White Christmas (1954): According to my mother, because I always fall asleep trying to watch this movie, “I think that’s the one where Bing Crosby and Gene Kelly (editor’s note: not Gene Kelly) go to an inn in Vermont where they’re struggling financially and they fall in love with Rosemary Clooney and do a lot of singing and dancing and sing ‘White Christmas’ and put on a show to save the inn.”
    Starring: Bing Crosby, Danny Kaye (not Gene Kelly), Rosemary Clooney, Vera-Ellen

    Love Actually (2003): Every British person ever plus an American or two figure out love and remake a Mariah Carey song while the Prime Minister makes out with his employee at a children’s Christmas pageant and everyone is basically fine with it.
    Starring: Hugh Grant, Emma Thompson, Colin Firth, Liam Neeson, Laura Linney, Alan Rickman, Keira Knightley, Rowan Atkinson, Bill Nighy

    12 Dates of Christmas (2011): Like Groundhog Day, except it’s Christmas and Zach Morris is romantically involved with someone other than Kelly Kapowski. I’m probably going to watch this right now.
    Starring: Mark-Paul Gosselaar, Amy Smart

    All American Christmas Carol (2013): In this iteration of the Charles Dickens classic, Scrooge is a self-absorbed mother who drinks too much and ends up hanging out with three Christmas ghosts.
    Starring: Taryn Manning, Beverly D’Angelo, Wendi McLendon-Covey

    While You Were Sleeping (1995): Sandy Bullock uses the tried-and-true dating method of pretending to be the girlfriend of an unconscious guy to win over his family, while refusing to deal with the reality of the situation (spoiler alert: she’s got a crush on a comatose dude with the best eyebrows ever).
    Starring: Sandra Bullock, Bill Pullman, Peter Gallagher

    Serendipity (2001): A romantic comedy about what happens when two good-looking people both want to buy the same pair of gloves.
    Starring: John Cusack, Kate Beckinsale, a pair of gloves

    A Christmas Kiss (2011): It’s Christmas, there’s kissing in elevators, mistaken identities and other shenanigans one might expect out of a movie with the words “Christmas” and “kiss” in the title.
    Starring: Elisabeth Rohm, Lauren Breckenridge, Brendan Fahr

    The Legend of Frosty the Snowman (2005): This is a cartoon about a snowman and it’s narrated by Burt Reynolds. That’s all you need to know.
    Starring: Burt Reynolds’ voice, a snowman named Frosty

    Beethoven’s Christmas Adventure (2011): If the holidays need saving from a bad guy (and they always do) you better believe a giant St. Bernard is going to show up.
    Starring: A huge dog

    Santa Buddies (2009): There are a lot of Christmas movies about dogs doing stuff. Where are all the Christmas cat movies? This one also features dogs saving Christmas.
    Starring: Lots of golden retrievers, Santa Claus

    The Nightmare Before Christmas (1993): Jack Skellington is sick of being pigeon-holed as only a Halloween guy, so he kidnaps Santa Claus in order to take his place. Hey, sometimes we all want something different in a career, right?
    Starring: Danny Elfman, Catherine O’Hara, Chris Sarandon, creepy awesome animation

    Christmas With the Cranks (2004): WHAT DO YOU MEAN YOU WANT TO SKIP CHRISTMAS JUST BECAUSE YOUR KID MOVED OUT OF THE HOUSE? A cautionary tale for all grumpy parents.
    Starring: Jamie Lee Curtis, Tim Allen, Dan Aykroyd

    Radio City Christmas Spectacular (2007): Can’t make it to New York City? No problem, the Rockettes are kickin’ it on Netflix.
    Starring: Badass ladies doing their thing. Also, Santa.

    I’ll Be Home For Christmas (1998): OH BUT WILL YOU, JTT? WILL YOU?!? You’ll have to watch to find out.
    Starring: Jonathan Taylor Thomas AKA JTT, Jessica Biel

    Ernest Saves Christmas (1988): It’s the ’80s, Christmas needs saving yet again, and this time Ernest is on the job.
    Starring: Ernest, duh. I mean, Jim Varney.

    The Ref (1994): If you’re going to get burgled on Christmas Eve, it might as well be by Denis Leary, right?
    Starring: Denis Leary, Judy Davis, Kevin Spacey

    Trading Places (1983): Oh, so you think this isn’t a Christmas movie? It all starts with an office holiday party, so think again.
    Starring: Dan Aykroyd, Eddie Murphy, Ralph Bellamy, Don Ameche, Denholm Elliott, Jamie Lee Curtis

    Bad Santa (2003): Mall Santas gone wrong. If you couldn’t tell that from the title, that is.
    Starring: Billy Bob Thornton, Tony Cox, Lauren Graham, Bernie Mac, John Ritter

    A Very Murray Christmas (2015): Not really a movie, but it is Bill Murray and it is about Christmas so give it a chance.
    Starring: Bill Murray, obviously, as well as celebrity buddies: Chris Rock, Jenny Lewis, Maya Rudolph, Amy Poehler, Miley Cyrus, and George Clooney

    Get Santa (2014): Don’t be fooled by the title — this movie is NOT about trying to figure out what to get Santa Claus for Christmas, but instead about an apparently very irresponsible St. Nick crashing his sleigh and then it’s up to others to — guess what? — save the bearded one, and therefore, Christmas.
    Starring: Jim Broadbent, Rafe Spall, Warwick Davis, Kit Connor

    I Am Santa Claus (2014): A documentary that follows five mall Santas through the season, not to be confused with I Am Robot. Though a robotic mall Santa might be kind of cool…
    Starring: Five guys who dress up as Santa.

    Hulu

    A Very Brady Christmas (1988): Here’s the story of a lovely lady and a man named Brady who had a popular TV show in the ’70s that kept making specials and sequels into eternity. This one is about Christmas.
    Starring: Florence Henderson, Robert Reed, Ann B. Davis, Maureen McCormick, Eve Plumb, Jennifer Runyon, Barry Williams, Christopher Knight

    The Little Rascals Christmas (1994): Spanky’s mom needs a new winter coat, and the gang needs to learn the true meaning of Christmas.
    Starring: Travis Tedford, Bug Hall, Brittany Ashton Holmes

    The 12 Dogs of Christmas (2005): These dogs don’t appear to be intent on saving Christmas, but instead are just a bunch of dogs that show people the true meaning of Christmas during the Depression. The true meaning of Christmas HAS to have something to do with canines, based on the fact that there are so many Christmas dog movies.
    Starring: I am just going to assume, 12 dogs.

    Truman Capote’s One Christmas (1994): I have never seen this movie but it’s based on an autobiographical story by Truman Capote and stars The Fonz and Katharine Hepburn. That is the only time you will ever see that grouping of people together, I guarantee it. Also, Christmas is involved.
    Starring: Katharine Hepburn, Henry Winkler, Swoosie Kurtz

    The Man Who Saved Christmas (2002): Seriously, how many times do we need to save Christmas? This is about a man who did so in 1918, according to IMDB, despite the effort of all those dogs already on the case.
    Starring: Jason Alexander, Kelly Rowan, Ari Cohen

    Switchmas (2012): What happens when a Jewish guy obsessed with Christmas figures out how to get the Christmas of his dreams by trading airline tickets and places with another boy on his way to snowy Christmastown, WA? I honestly don’t know, but this movie will apparently have the answers.
    Starring: Elliott Gould, David DeLuise, Elijah Nelson

    A Christmas Wish (2011): The original Buffy the Vampire Slayer (aka Kristy Swanson) is abandoned by her husband right before Christmas and goes on a cross-country trip with her kids to find work. IMDB tells me there are warm-hearted people involved which is good because there are no dogs around to save this Christmas.
    Starring: Kristy Swanson, Edward Herrmann, K.C. Clyde

    Dear Santa (2011): You know when you’re lonely and drifting through life and you find a letter from a little girl asking for a new wife for her dad for Christmas, and you decide to go find them just in case you fall in love? Yeah, that. AND it’s directed by Jason Priestly of 90210 fame.
    Starring: Amy Acker, David Haydn-Jones, Emma Duke

    Holiday Engagement (2011): A recently-dumped woman employs the tried-and-true method of hiring a boyfriend to bring home for the holidays. What could go wrong? My guess? Everything.
    Starring: Bonnie Somerville, Shelley Long, Jordan Bridges

    A Christmas Wedding (2013): If you want to really test your relationship and familial bonds, why not plan your wedding for Christmas in a rural town with your fighting in-laws? At least you know things will end happily, because life is just like a TV movie.
    Starring: Vivica A. Fox, Miguel A. Núñez Jr., Hawthorne James

    Who needs a plot? Just put something on: Christmas Fireplace, Holiday Lights, Christmas Village, Magical Christmas, Winter Splendor, and Christmas Traditions

    Amazon Prime

    Under the Mistletoe (2009): Just your average feel-good, family movie involving a tragic car accident, Christmas, and, ostensibly, kissing under the mistletoe.
    Starring: Jaime Ray Newman, Michael Shanks

    Tyler Perry’s A Madea Christmas (2013): Madea finally gets a Christmas flick, eight movies into Perry’s neverending franchise. Likelihood that hijinks will ensue when she heads to the country for the holidays: inevitable.
    Starring: Tyler Perry, Chad Michael Murray, Tika Sumpter

    A Norman Rockwell Christmas Story (1996): Having a painting come to life might be slightly terrifying, depending on the artist, but in this case it’s Americana favorite Norman Rockwell, so we’re hoping this is actually the “heartwarming Christmas tale” the synopsis says it is, and not some nightmarish scenario.
    Starring: Kippy Kroh, Chris Liberto, Emily Newman

    Christmas Classics Vol. 1 (2005): This animated set is an 8-for-the-price-of-one-except-it’s-free-with-your-Amazon-Prime-membership set, including Somewhere In Dreamland, Santa’s Surprise, Hector’s Hectic Life, Snow Foolin, Jack Frost, Christmas Comes But Once A Year, The Night Before Christmas, and The Shanty Where Santy Lives
    Starring: Rudolph the Red-nosed Reindeer, other cartoon creatures associated with Christmas

    Rudolph and Frosty’s Christmas in July (1979): What happens when Rudolph and Frosty combine forces to protect the North Pole? My guess is they save Christmas five months before it happens.
    Starring: Red Buttons, Ethel Merman

    Frosty’s Winter Wonderland (1976): This one has all the makings of a Christmas movie, combined with a classic rom-com, so I’m just going to go with the Amazon summary: “Frosty has lots of young friends, but he’s still lonely. The children build him a wife named Crystal, but jealous, cold-hearted Jack Frost plots to keep Frosty and Crystal apart.” I AM ON THE EDGE OF MY SEAT.
    Starring: Andy Griffith, Shelley Winters, Dennis Day

    Christmas Lodge (2011): What’s a girl to do when the site of treasured family memories has fallen into disrepair? You better believe she’s going to save not only the lodge of her youth, but Christmas itself.
    Starring: Erin Karpluk, Michael Shanks

    An American Christmas Carol (1979): You can probably get the gist of this one without me telling you, but it’s got all that Scrooge and Tiny Timness we all know from the classic tale except, PLOT TWIST! It’s set in America.
    Starring: Henry Winkler, Dorian Harewood, David Wayne

    Jack Frost (1998): Though the titular character may look terrifying, and the plot may sound super creepy, it’s just because he’s a snowman with Michael Keaton’s eyebrows with the soul of a young boy’s dead father. I actually was terrified by this movie when I saw it.
    Starring: Michael Keaton, Michael Keaton’s eyebrows, Kelly Preston, Joseph Cross

    The Christmas Wife (1988): Lonely widower, Christmas, personal ad for “social introductions.” Nuff said.
    Starring: Jason Robards, Julie Harris

    Christmas, Again (2014): Who’s gonna rescue a heartbroken Christmas tree salesman living in a trailer and working the night shift? A mysterious woman and some colorful customers, natch.
    Starring: Kentucker Audley, Hannah Gross

    Lost Christmas (2014): Kid, tragic events, Christmas and a happy ending. Done.
    Starring: Eddie Izzard, Larry Mills

    Yule Log: Video of a burning log in a fireplace.
    Starring: A burning log/the chemical process of combustion



ribbi
  • by Mary Beth Quirk
  • via Consumerist


uCollege Financial Service Provider Higher One To Pay $28M In Fines, Refunds For Misleading Studentsr


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  • (Rich)

    Higher One, Inc. promises to help students reach their goal of achieving a degree by providing money management and refund services. But federal regulators say the company misled these students into paying improper fees, opening unneeded accounts through deceptive marketing tactics, and now it must pay $28.5 million in fines and restitution to harmed consumers. 

    The Federal Reserve Board announced Wednesday that Connecticut-based Higher One must provide $24 million in refunds to students, and pay a penalty of $2.23 million. Higher One must pay an additional $2.23 million to the Federal Deposit Insurance Company (FDIC) as a penalty for a number of deceptive, harmful practices.

    Higher One provides colleges and universities with financial aid disbursement services for students. Specifically, after payment of tuition and other expenses owed directly to the school, the remaining financial aid — money for books, supplies, and living expenses — can be disbursed to students through Higher One’s “OneAccount.”

    The company allegedly failed to tell students they could obtain their financial aid disbursements without opening a OneAccount with Higher One. The company also failed to disclose fees, features, and limitations of the accounts prior to requiring students to make a selection regarding the method of disbursement.

    Additionally, the company failed to provide information about the locations of ATMs where students could access their disbursements without cost, and used the prominent display of a school logo, giving the impression the institution endorsed the OneAccount product.

    “Deceptive marketing practices with respect to student loans will not be tolerated,” Federal Reserve Governor Lael Brainard said in a statement. “This action ensures that students who were misled into paying fees to access their financial aid funds will receive restitution for those fees.”

    Under the Federal Reserve’s restitution plan, nearly 570,000 students who opened a OneAccount with Higher One through Cole Taylor Bank of Chicago, or Customers Bank of Phoenixville, PA, between May 4, 2012 and Dec. 19, 2013 will be reimbursed for fees related to the company’s deceptive practices.

    The company must also pay a civil penalty of $2.23 million to the Federal Reserve and a fine of $2.23 million to the FDIC.



ribbi
  • by Ashlee Kieler
  • via Consumerist


uYouTube Calls Out T-Mobile For Throttling Video Trafficr


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  • (Mike Mozart)
    Net neutrality says that internet providers can’t throttle some services and speed others up. That much is clear. But if they’re throttling literally everyone, even those who didn’t sign up for it, is it still a violation? Google says yes, and has a definite complaint about the way T-Mobile is starting to handle video.

    YouTube is calling out T-Mobile for interfering with its content, the Wall Street Journal reports, and the world’s biggest streaming video provider is not happy about it.

    This challenge sits at the nexus of two different issues within net neutrality.

    The core of net neutrality, as it currently sits, is the FCC’s bright-line rule that broadband carriers — which includes the wireless companies — explicitly may not either give some services faster virtual lanes, nor throttle services into slower ones. There is no weaseling around that one; it is the lead-off of the entire zillion-page rule.

    However, there is a big fat way to play with data and stay within the boundaries of net neutrality, and that’s zero-rating. That’s the catch-all name for the plans that have data caps, but exempt certain sites or services from them, usually in exchange for some cash changing hands. The head of the FCC has called such zero-rating programs, en masse, innovative and competitive, but the commission as a whole is still exploring how these plans square with net neutrality.

    T-Mobile’s recently-launched Binge On plan is almost, but not quite, the same as other zero-rating efforts. Instead, it makes its peace with data in another way: any video service can opt-in to the plan, for no fee. Likewise, any T-Mobile consumer can opt-in or opt-out. For those who do opt in, video fidelity is somewhat scuttled in the name of data preservation: all those feeds, like Netflix, HBO, and Hulu, come through at a reduced quality. You see your content at 480p, instead of 720p or the standard HD resolution of 1080p.

    The service launched with more than two dozen participating video companies, which is fairly impressive. But Google’s (Alphabet’s) YouTube was not on that list. So T-Mobile customers, even those who subscribe to Binge On, should be able to see YouTube videos in all their high-def glory… right?

    Well, YouTube certainly thinks so. “Reducing data charges can be good for users, but it doesn’t justify throttling all video services, especially without explicit user consent,” a YouTube spokesman told the WSJ.

    T-Mobile says that YouTube was not included in Binge On from the start because of “technical difficulties,” and told the WSJ that the two companies are trying to work things out.

    YouTube Says T-Mobile Is Throttling Its Video Traffic [Wall Street Journal]



ribbi
  • by Kate Cox
  • via Consumerist


uMinnesota Vikings Sue Wells Fargo For Attempting To “Photo Bomb” New Stadiumr


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  • vikingstad
    When you build a new multibillion-dollar stadium for an NFL franchise, you probably want to make sure that advertisers are paying for their name on or in the building, not just near it. And you probably want to ensure that those advertisers who do pay for their name on the building aren’t being overshadowed by the neighbors. Which is why the Minnesota Vikings are suing Wells Fargo.

    The team is currently in-construction on a new stadium set to debut at the beginning of the 2016 NFL season. U.S. Bank has already agreed to fork out hundreds of millions of dollars to have its name on the venue for the next decade.

    Now the team — more precisely Minnesota Vikings Football Stadium LLC — is accusing Wells Fargo of trying to leach off the notoriety of the new venue by erecting large, illuminated Wells Fargo signs on the roofs of two nearby towers.

    In the complaint [PDF] filed yesterday in a Hennepin County, MN, court, the team explains that in order to preserve the value of the naming rights for the new stadium, it made arrangements with owners of neighboring buildings — including Wells Fargo — “concerning the image, location, scale, size, and utility of any exterior signage, including roof top signs.”

    The suit alleges the the team made specific deals with Wells regarding a pair of two 17-story towers the bank is constructing immediately adjacent to the stadium.

    According to the complaint, the parties agreed that the bank could put roof top signs on those buildings but only if they were “non-mounted” and were not illuminated.

    “Agreeing to any roof top signs at all was a major concession” by the team, claims the lawsuit, which says the Vikings “had the ability to prohibit and all roof top and other exterior signage on the Wells Fargo towers.”

    Originally, the two Wells towers would have flat logos painted flat on their roofs. These could be seen in aerial shots of the stadium, but would not be visible in most ground-level exterior images.

    Then, according to the lawsuit, those flat-painted logos became raised and illuminated lettering. Still primarily only visible in aerial images of the stadium, but an alleged violation of the signage agreement.

    Here is a photo from Dec. 21 that the Vikings included in their complaint:
    wellstowersign

    The purpose of these signs is to “photo bomb” the stadium, which will be the subject of any number of aerial exterior shots during upcoming Vikings game — not to mention Super Bowl LII in Feb. 2018.

    If those Wells Fargo signs are visible, the team contends that it will “adversely affect U.S. Bank Stadium’s iconic image.”

    The lawsuit claims breach of contract, and seeks an injunction against the team installing or maintaining the signs in question. Additionally, the team is asking the court to rescind Wells Fargo’s rights to place any roof top signs on the two towers.

    A rep for Wells Fargo tells Minnesota Public Radio that the bank is “satisfied with the signage package that was approved for our $300 million community investment initiative for our new campus.”



ribbi
  • by Chris Morran
  • via Consumerist